BULU SWAIN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 04.03.2005, passed by the Ad hoc Additional Sessions Judge, Fast Track, Aska, Ganjam, in Sessions Case No. 61 of 2004/Sessions Case No. 39 of 2004 GDC, holding the accused -Appellant guilty under Section 302 IPC and convicting him thereunder.

(2.) THE prosecution case, in brief, is that the informant, Uri Jena had given her second daughter, Gitanjali in marriage with Bulu Swain (accused) about nine years back. Gitanjali remained with the accused for five years and due to physical assault, she had been residing in the house of the informant with her children since last four years. Her (informant) third daughter Jhuna (deceased) had eloped with accused Bulu Swain four years back to Rourkela and they remained there as husband and wife for two years. After two years, they came back to the village and accused Bulu Swain kept the deceased Jhuna in his house and they both lived as husband and wife. On several occasions, the accused used to assault the deceased on flimsy matter, asking her to leave his house and threatening her that he would marry Anr. girl. On 11.08.2003, accused Bulu Swain assaulted deceased Jhuna. At about 1. 30 P.M. deceased Jhuna came out of the house of the accused and fell down in front of the house. Hearing the incident, the informant, her daughter Gitanjali, husband Hadu and Ors. ran to the spot and saw that deceased Jhuna was lying half naked. The neighbours of the locality also gathered at the spot and on seeing the informant and Ors. , deceased Jhuna told her mother that her husband Bulu Swain had administered poison to her forcibly. This fact was told by deceased Jhuna repeatedly and thereafter the informant, her husband and Ors. shifted Jhuna to Gobara hospital, where she was declared dead by the doctor. The FIR further revealed that the informant and other members of the family were threatened by accused Bulu Swain that he would kill them if they reported the matter to the police and hence the delay in lodging the FIR. On the report of Uri Jena, the O.I.C. Gangpur Police Station registered a case under Sections 498 -A/304 -B/302 IPC and took up investigation. On completion of investigation, charge sheet was submitted against accused Bulu Swain under Sections 498 -A/494/302 IPC.

(3.) P .W. 1 is the Doctor, who examined the accused on police requisition. His evidence disclosed that on 13.08.2003, he examined the accused and found one abraded bruise with elliptical shape on both sides over left pectoral region (chest) and one abrasion on the left side of nose. The Doctor (P.W. 1) opined that both the injuries were simple in nature and the injury with regard to bruise on the chest may be caused due to teeth bite and the injury on the nose may be caused by nail mark. P.W. 3 Baburam. Gouda is an auto rickshaw driver who took the deceased in his auto rickshaw to Gobara Hospital. Kumari Swain (P.W. 4) is the mother of the accused, who stated that they own two houses at village Badaboresingi and that the accused Bulu Swain and his brother Bansi lived in one house and she along with her husband lived in the other house. P.W. 4 further stated that the wife of the accused Bulu Swain (Gitanjali) was residing with her parents along with her children since one year due to some misunderstanding with the accused.